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Judgment
The delay in filing of this Appeal is condoned.
Interlocutory Application No.4750 of 2010 stands allowed and
disposed of.
Sri Bimlesh Kumar Jha, Advocate, is directed to take notice
on behalf of Respondent No.1, Oriental Insurance Company Limited,
and assist this Court in the matter of disposal of this case. This appeal
has been filed in the year 2010. It is listed under the heading, ''office
notes'' due to non-appearance of Respondent No.2. Considering the
fact that the appeal is pending for more than seven years now and only
a very short question involved in the matter and as compensation is to
be paid on account of death of a small child aged 3 years, I deem it
appropriate to direct Sri Bimlesh Kumar Jha to take notice on behalf of
Insurance Company, Respondent No.1, and propose to dispose of the
matter by hearing all concerned.
On 08.06.2008, an accident took place involving a Mini Bus
bearing Registration No. BR-2B-4706 owned by respondent No.2 and
insured with Respondent No.1, Insurance Company, in which small
child aged three years died. On account of his death, a compensation
of Rs.2,25,000/- was claimed and the learned Tribunal gave a
compensation of only Rs.1,00,000/-. The applicants are parents of the
deceased child. They are working as labourer in the village in question
and taking note of the totality of the circumstances, I am of the
considered view that the interest of justice would be met in case the
entire claim made amounting to Rs.2,25,000/- is allowed.
Accordingly, this appeal is allowed. The amount of
compensation is enhanced to Rs.1,25,000/-. The same shall be paid to
the appellants within 60 days from the date of receipt of a certified
copy of the order.